BILL NUMBER: AB 2321	CHAPTERED  09/23/00

	CHAPTER   591
	FILED WITH SECRETARY OF STATE   SEPTEMBER 23, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 22, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 8, 2000
	AMENDED IN SENATE   JUNE 28, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 5, 2000

INTRODUCED BY   Assembly Member Mazzoni
   (Coauthors:  Assembly Members Alquist, Cunneen, and Honda)

                        FEBRUARY 24, 2000

   An act to add and repeal Chapter 4.9 (commencing with Section
56490) of Part 30 of, the Education Code, relating to special
education.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2321, Mazzoni.  Special education.
   Existing law sets forth a process for the resolution of disputes
relating to identification, assessment, or placement of a pupil
relative to special education.
   This bill would require, subject to an appropriation for those
purposes in the annual Budget Act or any other measures, the State
Department of Education to select and allocate funds to 3 special
education local plan areas to implement a 3-year pilot project for
alternative due process hearing procedures.  The bill would require
the participating special education local plan areas to submit a
report on the pilot project to the State Department of Education, the
Legislature, the Legislative Analyst, and the Governor on or before
January 1, 2003.  The bill would require the Legislative Analyst to
coordinate those reports, analyze the data, compile a comprehensive
evaluation, and submit the evaluation to the State Department of
Education, the Legislature, and the Governor on or before March 1,
2003.
   This bill would repeal its provisions on January 1, 2004.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 4.9 (commencing with Section 56490) is added to
Part 30 of the Education Code, to read:

      CHAPTER 4.9.  ALTERNATIVE HEARING PROCESS PILOT PROJECT

   56490.  (a) Subject to an appropriation in the annual Budget Act
or any other measures for these purposes, the State Department of
Education shall select and allocate funds to three special education
local plan areas to implement a three-year pilot project for
alternative due process hearing procedures.
   (b) To be eligible for selection for participation, a special
education local plan area shall submit an application to the
department based on criteria developed by the department.
   (c) The department shall select special education local plan areas
that reflect the diversity of special education local plan areas in
the state and ensure representation of urban, suburban, and small or
rural special education local plan areas and northern, southern, and
central regions of the state.
   (d) If funds are appropriated for the purposes of this chapter,
the total sum of expenditures shall not exceed seven hundred thousand
dollars ($700,000), pursuant to the following schedule:
   (1) Five hundred thousand dollars ($500,000) for the purposes of
implementing Section 56493.
   (2) One hundred thousand dollars ($100,000) for the purposes of
implementing Section 56492.
   (3) One hundred thousand dollars ($100,000) for the purposes of
implementing Section 56494.
   56491.  A special education local plan area selected pursuant to
Section 56490 shall be subject to Chapter 5 (commencing with Section
56500).
   56492.  A hearing officer employed pursuant to Section 56504.5
shall implement, in a special education local plan area selected
pursuant to Section 56490, a voluntary, simplified nonattorney
alternative process based on settlement and alternative dispute
resolution models that would include, but not be limited to, all of
the following:
   (a) No rules of evidence, except for rules regarding privileged
communications and hearsay.
   (b) Presentation of evidence could be sharply curtailed.
   (c) Parents shall represent themselves.
   (d) Schoolsite staff, not central office staff, shall represent
the district.
   (e) The hearing should last no more than one day.
   (f) Participation in the process established by this section does
not waive a person's ability to exercise his or her rights to the due
process procedure available pursuant to Chapter 5 (commencing with
Section 56500). The decision issued pursuant to the process
established by this section is not binding in any subsequent exercise
of the person's right to due process proceedings pursuant to Chapter
5 (commencing with Section 56500).  If a person elects to exercise
his or her right to due process proceedings pursuant to Chapter 5
(commencing with Section 56500) after participating in the process
established by this section, the subsequent proceeding shall be
conducted by a different hearing officer who shall not communicate,
and shall not have communicated, directly or indirectly, with the
hearing officer who conducted the proceeding prescribed by this
section regarding the nature or facts of the parties' dispute or the
legal conclusions drawn or to be drawn thereon.
   56493.  (a) A special education local plan area selected pursuant
to Section 56490 shall establish public advocacy services using an
independent contractor to provide free advocacy and legal services to
parents of pupils with disabilities.  Services shall include all of
the following:
   (1) Information about special education services, how to obtain
services, including the individualized education program process, and
the right to services under federal and state law.
   (2) Representation in mediation and due process hearings at no
charge.
   (b) To be eligible for selection as an independent contractor to
provide services pursuant to this chapter, the contractor shall
demonstrate all of the following:
   (1) Knowledge of the special education system and rights of pupils
with disabilities.
   (2) The ability to work effectively with pupils with disabilities,
families of pupils with disabilities, school personnel, community
groups, and other advocacy organizations.
   (3) Skills in interviewing pupils with disabilities and their
families, counseling individuals about their rights, and
representation of pupils with disabilities in mediation  and due
process hearings.
   (c) Compliance by the contractor with the terms of the contract
shall be evaluated by the participating special education local plan
area using objective performance measures that shall be specified in
the contract.
   (d) In order to be eligible under this section, the contractor
shall not have represented a school district within the special
education local plan area or any other education agency in any legal
matter at any time prior to entering into the contract to provide
advocacy services pursuant to this section.
   56494.  (a) On or before January 1, 2003, each special local plan
area participating in the pilot project established pursuant to this
chapter, shall submit a report to the Legislative Analyst, including,
but not limited to, all of the following:
   (1) The amount of funds used and the proportion used for small
claims and legal services.
   (2) The participation rate of pupils with special needs and their
families in the programs offered pursuant to this chapter.
   (3) The outcomes of participation in the small claims program,
including how many cases were successfully dispensed with and how
many cases continued through the existing due process hearing
procedure available pursuant to Chapter 5 (commencing with Section
56500) of Part 30.
   (4) The outcomes of the use of free legal services.
   (5) Input from participating pupils and parents.
   (b) On or before March 1, 2003, the Legislative Analyst shall
coordinate the reports submitted pursuant to subdivision (a), analyze
the data, compile one comprehensive evaluation, and submit the
evaluation to the State Department of Education, the Legislature, and
the Governor.
   (c) Any funds appropriated for the evaluation shall be provided to
the Legislative Analyst.  No funds appropriated for the evaluation
shall be provided to any participating special education local plan
area.
   56495.  This chapter shall remain in effect only until January 1,
2004, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2004, deletes or extends
that date.
